Ordinance - 2007 - 485 - Amend Title 10-Floodplain Ord - 07/24/2007I:HN 1141
ORDINANCE 485
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, A MUNICIPAL
CORPORATION OF THE STATE OF IDAHO, AMENDING TITLE 10, CHAPTER
1, SECTIONS 1,5,6,7, 8 AND 9 OF THE EAGLE CITY CODE; PROVIDING A
REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Eagle is a municipal corporation organized and operated
under the laws of the State of Idaho; and
WHEREAS, the City of Eagle is enrolled in the National Flood Insurance Program;
and
WHEREAS, by Title 10 of the Eagle City Code, the City has adopted regulatory
standards exceeding 44 CFR Sections 59- 65, Part 70 and 73, regarding floodplain
management, for the protection of public health, safety and welfare; and
WHEREAS, the City desires to amend Title 10 of the Eagle City Code to minimize
public and private losses due to flood conditions and ensure continued protection of
public health, safety and welfare; and
NOW, THERFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF EAGLE, Ada County, Idaho;
Section 1: Eagle City Code Title 10, Chapter 1, Sections 1, 5, 6, 7, 8 and 9 be and the
same hereby are, amended with the underlined text being added and the strikeout text
being deleted to read as follows:
10-1-1: FINDINGS OF FACT AND PURPOSE
A. Findings Of Fact:
3. Flooding is aggravated by the collection of debris upstream of the many channel
obstructions located in the floodplain areas. Such obstructions include bridges, fences,
houses, trees, etc. The accumulation of debris has resulted in significantly higher water
surface elevations upstream from the obstructions than would otherwise be expected.
Obstructions can and tend to cause flooding to extend beyond anticipated FEMA one
hundred (100) year flood boundaries at points of debris accumulation which cannot be
predicted.
4. All structures located roughly within the limits of the five hundred (500) year
floodplain are subject to inundation, if not direct impacted by the channel itself, during
floods of return frequencies of ten (10) to twenty (20) years. This is due to the tendency
Page 1 of 12
K:\COUNCIL\Draft Ordinances\Ord 485 Title 10 revisions.doc
of the channel to change abruptly, often cutting a totally new channel in a few hours,
during high water periods because the Boise River is wide, flat and has relatively shallow
channel in many areas.
5. The levees built by private property owners may be considered by FEMA to be
inadeauatelv designed or deteriorated such that they cannot be classified as permanent
structures capable of withstanding a one hundred (100) year flood: and. therefore, may
result in higher risk and be included in the Area of Special Flood Hazard.
6. Encroachments (i.e., houses, fill, etc.) on floodplains reduce the flood -carrying
capacity and increase flood heights, thus increasing flood hazards beyond the
encroachment. With every new structure or other development since the FEMA one
hundred (100) year boundary was determined, the ability of the floodplain to function
changes.
7. The Boise River and its tributaries and floodplains in Eagle are essential to the well
being of its citizens as a source of recreation, fish and wildlife habitat. aesthetic beauty , a
source of irrigation water as well as other economic and lifestyle values.
8. Development adjacent to waterways has had a direct effect on the natural stream by
destroying or greatly altering fish and wildlife habitat and by unnaturally armoring the
banks of the waterways to prevent erosion and damage Riparian Areas thus resulting in
increased risk to man-made structures.
B. Purpose: It is the purpose of this title to promote the public health, safety and general
welfare, and to minimize public and private losses due to flood conditions in specific
areas by provisions designed:
7. To ensure that potential buyers are notified that property is in an Area of $pecial Flood
Hazard, warn that City review and approval is not going to prevent flooding and that
flooding may occur. and advise of information available to the City regarding flood
hazards, studies and available options.
8. To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions. (Ord. 115, 5-12-1987)
9. To provide a formal procedure for evaluation of floodplain development permit
applications.
11. To restrict or prohibit uses which are injurious to health, safety or property in
times of flood, which result in environmental damage. or that cause increased flood
heights or velocities.
12. To minimize the impact of development adiacent to waterway s on adiacent properties
upstream, downstream and across waterway.
13. Review development plans for property adjacent to waterways to minimize the
obstruction of the conveyance of flood waters, review drainage/obstructions to flood -
carrying capacity: and guide development adjacent to waterways toward the most
appropriate building envelope for its particular site; and
Page 2 of 12
K:\COUNCIL\Draft Ordinances\Ord 485 Title 10 revisions.doc
14. To carry out the provisions of the Comprehensive Plan as well as health, safety and
welfare with regard to properties adjacent to waterways;
15. To review landscaping and access for flood -carrying capacity and preservation or
enhancement of riparian vegetation.
16. To allow the river and creeks and their adjacent lands to convey flood waters to
minimize property damage;
17. To regulate uses in the floodplain for the purpose of preserving, protecting, and
enhancing the abundance and diversity of fish, wildlife and riparian resources;
18. To protect, preserve and enhance the waterways and floodplains as a recreation
resource;
10-1-5: RULES AND DEFINITIONS:
AREA OF SPECIAL FLOOD HAZARD: The land in the flood plain subject to one
percent (1%) or greater chance of flooding in any given year. Designation on maps
always includes the letters A or V. Areas of Special Flood Hazard shall include all areas
previously identified within the Areas of Special Flood Hazard (ASFH) that have been
excluded from the ASFH by a Letter of Map Revision (LOMR-F).
FINISHED FLOOR: The finished floor is the first habitable walking surface referenced
in the elevation certificate (FEMA Form 81-31) Section C2 a) b). as the top of next
higher floor or the top of a slab on grade floor.
FLOOD OR FLOODING: Means a general and temporary condition of partial or
The next horizontal habitable walking surface above the Lowest Floor below all
mechanical equipment, ducting, and wiring located within the buildings' structural
envelope. The top of a flat concrete architectural component that functions as the next
highest floor that provides the lowest habitual walking surface below all mechanical
equipment, ducting, and wiring.
LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement or
crawl space). An unfinished or flood resistant enclosure, usable solely for parking of
vehicles, building access or storage, in an area other than a basement area, is not
considered a building's lowest floor, provided that such enclosure is not built so as to
render the structure in violation of the applicable nonelevation design requirements of
this chapter.
MEAN HIGH WATER MARK: A water level corresponding to the natural or ordinary
high water mark and is the line which the water impresses on the soil by covering it for
sufficient periods of time to deprive the soil of its terrestrial vegetation and destroy its
value for commonly accepted agricultural purposes. The current Mean High Water Mark
is at a flow of 6500 Cubic Feet per Second (CFS) along the Boise River. Tributary waters
within the City of Eagle will reference specific data establishing the water level. The
Mean High Water Mark is established by the U.S. Army Corp of Engineers.
Page 3 of 12
K:\COUNCIL\Draft Ordinances\Ord 485 Title 10 revisions.doc
MECHANICAL EOUIPMENT: Means Electrical, heating, ventilation. plumbing. and air
conditioning equipment and other service facilities.
NO ADVERSE IMPACT: Means floodplain management where the action of one
property owner does not adversely impact public property or other private property . as
measured by increased flood peaks. flood stage, flood velocity. and erosion and
sedimentation. No Adverse Impact floodplain management is a policy which provides a
means to promote the use of retention/detention or other techniques to mitigate increased
runoff from urban areas.
RIPARIAN ZONE: That area along the banks of any waterway twenty-five (25) feet in
width measured landward from the Mean High Water Mark.
REASONABLY SAFE FROM FLOODING: base flood waters will not inundate the land
or damage structures to be removed from the Area of Special Flood Hazard in areas
previously included in base flood delineations on the current Flood Insurance Rate Map,
which shall be certified as Reasonable Safe From Flooding by an applicant's registered
professional engineer according to the criteria in FEMA Technical Bulletin 10-01
STREAM ALTERATION: To obstruct, diminish, destroy, alter, modify, relocate. or
change the natural existing shape of the channel or to change the direction of flow of
water of any stream channel within or below the Mean High Water Mark. It includes
removal of material from the stream channel and emplacement of material or structures in
the stream channel.
10-1-6: FLOOD INSURANCE STUDY
The Areas of Special Flood Hazard identified by the United States department of housing
and urban development, federal insurance administration, in a scientific and engineering
report entitled "The Flood Insurance Study for Ada County, Idaho And Incorporated
Areas", dated February 19, 2003, with the accompanying flood insurance rate maps dated
February 19, 2003, and all subsequent revisions thereto, are hereby adopted by reference
and declared to be a part of this chapter. A copy of the flood insurance study shall be
maintained on file at the Eagle city hall. The flood insurance maps establish the Areas of
Special Flood Hazard, and for the purposes of this Title. shall include all areas previously
identified within the Areas of Special Flood Hazard (ASFH) that have been excluded
from the ASFH by a Letter of Map Revision (LOMR-F)., whisk cam are -adopted -as -the
overlay zone district.
10-1-7: DEVELOPMENT PERMIT REQUIREMENTS:
B. Application For Permit: Application for a development permit shall be made on forms
furnished by the Zoning Administrator and shall include the following:
Page 4 of 12
K:\COUNCIL\Draft Ordinances\Ord 485 Title 10 revisions.doc
1. Completion of the City of Eagle Floodplain Development checklist by a registered
professional engineer.
4-2. Plans in duplicate drawn to scale showing the nature, location, dimensions and
elevations of the area in question.
2-3. Existing and proposed structures, fill, storage of materials, drainage facilities and
their location.
3-4. Elevation in relation to mean sea level of the Lowest Floor (including basement or
crawl space) of all structures.
4-5. Elevation in relation to mean sea level to which any structure has been floodproofed.
5-6. Certification by a registered professional engineer er--acelliteet that the floodproofing
methods for any nonresidential structure meet the floodproofing criteria in subsection 10-
1-8-5B of this Chapter.
6-7. Description of the extent to which any watercourse will be altered or relocated as a
result of proposed development.
7. 8. Any additional information required by the Zoning Administrator. (Ord. 127, 1-12-
1988)
8. Prior to irc✓ae-Le of a certificate of occupancy per-tkt apo tcon tructien elevation
certificate, certified by a registered professional engineer or anhitect, must be received
mean sea level. (Ord. 251, 10 25 1991)
10-1-8-1: GENERAL BUILDING REQUIREMENTS:
D. Prior to issuance of a certificate of occupancy, a post -construction elevation certificate
(FEMA Form 81-31, February 2006) referencing land and structures included or
removed from the Area Of Special Flood Hazard is reauired. All lots and structures
removed from the Area Of Special Flood Hazard by Letter of Map Change require
certification by a registered professional engineer demonstrating that the lot or structure
is Reasonably Safe From Flooding. as defined in Section 5 of this chapter. The elevation
certificate must verify the elevation of the Lowest Floor or Lowest Adjacent Grade to be
one foot (1') above Base Flood Elevation.
10-1-8-4: SUBDIVISIONS:
E. All subdivision plats shall identify and designate the one hundred (100) year
floodplain boundary and the floodway boundary including a certification by a registered
surveyor that the boundaries were established consistent with the FIRM Map for the City
of Eagle. All subdivision plats shall contain a note or notes that warn prospective buyers
of property that sheet flooding can and will occur and that floods of greater magnitude
may inundate areas outside identified Floodway and floodplain boundary lines.
F. All subdivision plats shall contain note(s) that refer to the required twenty-five (25)
foot setback from all waterways called the Riparian Zone in which no Improvement is
permitted and require that riparian vegetation shall be maintained in its natural state for
Page 5 of 12
K:\COUNCIL\Draft Ordinances\Ord 485 Title 10 revisions.doc
the protection and stabilization of the river bank and that removal of trees or other
vegetation is regulated.
10-1-8-5: SPECIFIC STANDARDS
A. Residential Construction:
2. New construction and substantial improvement of any residential structure shall have
the a Finish Floor elevation of two feet (21 above the base flood elevation and the
Lowest Floor, including basement and crawl space, shall be elevated to a minimum of
two feet (2') one foot (1') above the base flood elevation.
D. Floodways:
1. Encroachments, including fill, new construction, substantial improvements and other
development, are prohibited unless
architect -is an approved floodplain development permit is issued provided demonstrating
that encroachments shall not result in any increase in flood levels adverse impacts during
the occurrence of the base flood.
2. Encroachments including fill, new construction, substantial improvements and other
development are prohibited unless certification by a registered professional hydraulic
engineer is provided demonstrating that encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge; and uses within the
floodway shall be restricted to those which are required by public necessity (for example,
bridges, water pumps), recreational use (for example, paths), wildlife habitat
improvements (for example, vegetation, nesting structures, pool/riffle improvements),
and gravel extraction; provided that the use/encroachment meets the approval of the
Federal Emergency Management Agency and National Flood Insurance Program and
does not jeopardize the City's participation in the National Flood Insurance Program.
23. If sSubsection D1 of this section is satisfied,
comply with all applicable flood hazard reduction provisions of this section 10-1-8.
shall
34. The placement of any mobile homes, as defined in section 8-1-2 of this code, is
prohibited.
45. All buildings shall be set back a minimum of fifty feet (50') one -hundred feet
(100') from the floodway line. Except that when the area of special flood hazard
boundary is -one hundred fifty feet (50') (100") -or less from the floodway line, the
boundary line shall be the setback line.
Page 6 of 12
K:\COUNCIL\Draft Ordinances\Ord 485 Title 10 revisions.doc
6. No development is permitted within the twenty-five (25) foot setback from all
waterways called the Riparian Zone and riparian vegetation shall be maintained in its
natural state for the protection and stabilization of the river bank, and removal of trees or
other vegetation is regulated in accordance with this chapter.
57.
z aha11 b3
measrea th i1 b
For all subdivisions along the Boise River, prior written approval from Flood Control
District No. 10 is required to protect access to the river for maintenance.
c c*--srcr_+-,-Cempensating
68. Compensating excavation in accordance with an engineered plan for orderly
conveyance of flood water, or equivalent mitigating measures may be performed in the
floodway when certified by a registered professional engineer er—arehiteet. Mitigation
design shall include provisions to prevent relocation or diversion of flow paths from
causing increased jeopardy to any off site property at any level of flooding from the one
year flood up to the base flood. Maintenance provisions for excavated areas prone to fill
from sediment and other debris shall follow the requirements of subsection 9-3-2-5C of
this code for private streets.
79. In the design of public and private parks and open space areas, fixed structures or
equipment that would impede flood waters shall not be permitted within the floodway.
810. Any nonfloodway area surrounded by the floodway shall be subject to the conditions
of subsections D1 through D6, [f this section, unless such area is accessed by at least one
road with suitable structures or culverts to pass flood waters. If a bridge is required, it
shall be elevated one foot (1') above the base flood elevation, have scour resistant
footings extending to five feet (5') below the bottom of the channel and be capable of
supporting an H-15 load as defined by the American aAssociation of sState hHighway
and tTransportation eOfficials (AASHTO).
E. Riparian Areas: Located within Areas of Special Flood Hazard established in section
10-1-6 of this chapter, are areas designated as Riparian Areas. Since Riparian Areas
provide critical flood management and fish and wildlife habitat, the following provisions
apply:
1. Preservation or restoration of the inherent natural characteristics of the river and creeks
within the floodplain;
2. Preservation of riparian vegetation and wildlife habitat, if any, along the stream bank
and within the required minimum twenty-five (25) foot setback or Riparian Zone;
3. No development or other than development by the City of Eagle or required for
emergency access shall occur within the twenty-five (25) foot Riparian Zone with the
exception of approved stream stabilization work. The Eagle City Council may approve
Page 7 of 12
K:\COUNCIL\Draft Ordinances\Ord 485 Title 10 revisions.doc
access to property where no other primary access is available. Private pathways and
staircases shall not lead into or through the Riparian Zone unless deemed necessary by
the Eagle City Council.
4. Plan and time frame shall be provided for restoration of riparian vegetation damaged as
a result of the work done;
5. New or replacement planting and vegetation shall include plantings that are low
growing and have dense root systems for the purpose of stabilizing stream banks and
repairing damage previously done to riparian vegetation. Examples of such plantings
include: red osier dogwood. common choke cherry, service berry. elder berry, river birch,
skunk bush sumac, beb's willow, drummond's willow, little wild rose. gooseberry . and
honeysuckle;
E F. Map And Narrative Required: All subdivision proposals and development permit
applications shall provide a map and detailed narrative describing any abutting or on site
manmade topographic features, current or proposed, that increase flood damage potential
above the natural level, including road fills and other manmade embankments, prior
stream channelization, existing and/or proposed landscaping features, and evident
agricultural land leveling that has altered the flood plain from its original topography.
FG. Fill Requirements: For fill placed in the flood plain:
1. Development within the area of special flood hazard shall result in no net loss in
natural storage. Grading plans shall show that existing natural storage volume in the flood
plain, as bounded by the existing surface topography and the base flood elevation surface,
shall not be reduced from the current quantity. Postdevelopment storage volumes will be
calculated from the postdevelopment flood elevation for the base flood event.
Depressions which will be filled with ground water and sections of the flood plain which
are restricted from flood water conveyance due to roads built above the base flood
elevation shall not be considered when determining storage volumes. Development
within the DDA, TDA or CEDA design review overlay areas shall not be subject to the
provisions of this subsection.
2. The slope of fill adjacent to the floodway line, hereinafter called the floodway
boundary slope, shall not be steeper than five (5) horizontal to one vertical. Where a five
to one (5:1) slope is not feasible due to lot dimensions, compensating measures to protect
against floodway encroachment through erosion shall be constructed as designed and
certified by a professional engineer, architect, or landscape architect.
3. The floodway boundary slope shall be maintained in groomed perennial turf or
equivalent low ground cover vegetation not taller than twelve inches (12") to provide
protection from erosion. Porous stonework or other durable surfacing may be used in lieu
of ground cover vegetation for design enhancement on floodway boundary slopes.
Page 8 of 12
K:\COUNCIL\Draft Ordinances\Ord 485 Title 10 revisions.doc
4. Elevation certificates or equivalent documentation required by the building official
shall be required for all buildings or development in such filled zones, regardless of any
subsequent LOMA, letter of map amendment or LOMR, letter of map revision issued by
the FEMA, federal emergency management administration.
€H. Roadways And Manholes: Roadways and manholes within the flood plain shall be a
minimum of one-half foot (0.5') above base flood elevation at center line and manhole
ring respectively.
14I. Flow Paths And Natural Storage Areas Maintained: New roads built above the base
flood elevation shall not restrict conveyance of flood water into sections of the flood
plain that may be cut off by the proposed road. Culverts or bridges shall be provided
under roads to maintain existing natural storage areas in the watershed to reduce flood
damage.
1.1. Open Areas: Except for required berms, open areas such as parks, golf courses,
greenbelt areas, parking lots, etc., within the area of special flood hazard shall be
designed and operated so that they may flood and maintain existing natural storage
capacity for waters during the base flood event. Levees or berms shall not be used for
flood control.
JK. Approval Of Plans: Plans for development within the flood plain showing
construction and post construction best management practices (BMPs) conforming to the
catalog of storm water best management practices for Idaho cities and counties shall be
submitted for approval before any grading or other construction activities commence.
K.L Flood Study: When a new flood study is provided by the developer:
1. The study shall be performed using the U.S. army corps of engineers hydrologic
engineering center's HEC -2, HEC -RAS (river analysis system), or equivalent programs to
calculate water surface elevations.
2. The study report shall include field survey data and relevant bench marks used as basis
of calculations as cross sections, stream profile and plan showing cross section locations.
3. The study report shall attach HEC -2, HEC -RAS, or equivalent input and output reports
as appendix.
4. Any floodway or flood plain modification shall not be effective until approved by
FEMA.
5. The study shall include a reach of stream extending beyond the property boundaries of
the development upstream and downstream not less than twice the average width of
floodway on or adjacent to the development property, or as approved by the zoning
administrator. (Ord. 332, 2-23-1999)
Page 9 of 12
K:\COUNCIL\Draft Ordinances\Ord 485 Title 10 revisions.doc
10-1-9: DUTIES OF THE ZONING ADMINISTRATOR:
A. The zoning administrator may delegate to the building inspector any of its duties
under this section. The duties of the zoning administrator, or of the building inspector
if designated by the zoning administrator, shall include, but not be limited to:
1. Permit Review
a. Review of floodplain development permit applications to determine if the
proposed -development is consistent with all community floodplain management
requirements.
om those federal, state or local governmental
anxcr.a1; re
channel and adjacent 100 year flood pain), aria.e that the encroachment
b. Review all floodplain development permit applications to determine if the
capacity of the area of special flood hazard. For the purposes of this Section,.
"adversely affects" means that the cumulative effect of the proposed development
when combined with all other existing and anticipated development will increase
the water surface elevation of the base flood more than one foot at any point:
c. Contact for review and comment when found necessary other agencies such as
Idaho Fish and Game, Idaho Department of Water Resources. U.S. Natural
Resources Conservation Service. U.S. Environmental Protection Agency and U.S.
Army Corps of Engineers.
2. Conditions of Approval. Conditions of approval may include, but not be limited
to:
a. Riparian vegetation and other landscaping is maintained in perpetuity as shown
on approved plans.
b. As -built certification shall be required to be submitted prior to occupancy of
structure or upon completion of the proposed work.
c. Other permits (i.e.. Idaho Department of Water Resources and U.S. Army Corps
of Engineers) shall be obtained by the applicant prior to commencement of
construction.
Page 10 of 12
K:\COUNCIL\Draft Ordinances\Ord 485 Title 10 revisions.doc
d. Restoration of damaged riparian vegetation within Riparian Zone shall be
required prior to completion of the proposed project. A bond to assure such
restoration may be required prior to commencement of such work.
e. Landscaping and driveway plans to accommodate the function of the floodplain
to allow for sheet flooding. Flood water carrying capacity is not diminished by the
proposal. Surface drainage is controlled and shall not adversely impact adiacent
properties including driveways drained away from paved roadways. Culvert(s)
under driveways may be required. Landscaping berms shall be designed to not dam
or otherwise obstruct floodwaters or divert same onto roads or other public
pathways;
f. Impacts of the development on aquatic life, recreation. or water quality upstream.
downstream or across the stream are not adverse;
g. Building setback in excess of minimum required along waterways is encouraged;
h. The bottom of the Lowest Floor (crawl space) in the floodplain shall be a
minimum of one foot above the base flood elevation.
i. The back fill used around the foundation in the floodplain shall provide a
reasonable transition to existing grade. but shall not be used to fill the parcel to any
greater extent;
i. Driveways shall comply with effective street standards; access for emergency
vehicles has been adequately provided for;
k. Landscaping or revegetation shall conceal cuts and fills required for driveways
and other elements of the development;
1. Wetlands shall not be diminished.
23. Alteration Of Watercourses.
c. The proposal is shown to be a permanent solution and creates a stable situation;
d. No increase to the one hundred (100) year floodplain upstream or downstream
requires certification by a registered Idaho engineer;
e. The recreational use of the stream including access along any and all public
pedestrian/fisher's easements and the aesthetic beauty shall not be obstructed or
interfered with by the proposed work;
f. Fish habitat shall be maintained or improved as a result of the work proposed;
Page 11 of 12
K:\COUNCIL\Draft Ordinances\Ord 485 Title 10 revisions.doc
R. The proposed work shall not be in conflict with the local public interest,
including. but not limited to. property values. fish and wildlife habitat. aquatic
life, recreation and access to public lands and waters. aesthetic beauty of the
stream and water quality:
h. The work proposed is for the protection of the public health. safety and/or
welfare such as public schools, sewage treatment plant. water and sewer
distribution lines and bridges providing particularly limited or sole access to areas
of habitation.
Section 2: If any provision in this Ordinance shall be declared by any court of
competent jurisdiction to be contrary to law, then such provision shall be null and void
and shall be deemed separable from the remaining provisions in this Ordinance and shall
in no way affect the validity of the other provisions of this Ordinance or Eagle City
Code.
Section 3: All prior ordinances or parts thereof, to the extent inconsistent herewith,
are hereby repealed and shall, to the extent of such inconsistency, have no further force or
effect.
Section 4: This Ordinance, or a summary thereof in compliance with Section 50-
901A, Idaho Code, shall be published once in the official newspaper of the City, and shall
take effect immediately upon its passage, approval, and publication.
Adopted by the Eagle City Council, Eagle, Idaho, on this 24th day of July, 2007.
CITY OF EAGLE, IDAHO
Ada County, Idaho
EST:
Sharon ' .: ergmann
City Clerk/ Treasurer
Page 12 of 12
K:ICOUNCIL\Draft Ordinances\Ord 485 Title 10 revisions.doc
ORDINANCE NO. 485
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, A MUNICIPAL CORPORA-
TION OF THE STATE OF IDAHO, AMENDING TITLE 10, CHAPTER 1, SEC-
TIONS 1, 5, 6, 7, 8 AND 9 OF THE EAGLE CTTY CODE; PROVIDING A RE-
PEALER CLAUSE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Eagle is a municipal corporation organized and operated
under the laws of the State of Idaho; and
WHEREAS, the City of Eagle is enrolled in the National Flood Insurance Program;
and
WHEREAS, by Title 10 of the Eagle City Code, the City has adopted regulatory
standards exceeding 44 CFR Sections 59-65, part 70 and 73, regarding floodplain
management, for the protection of public health, safety and welfare; and
WHEREAS, the City desires to amend Title 10 of the Eagle City Code to minimize
public and private losses due to flood conditions and ensure continued protection of
public health, safety and welfare; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF EAGLE, Ada County, Idaho;
Section 1: Eagle City Code Title 10, Chapter 1, Sections 1, 5, 6, 7, 8 and 9 be and the
same hereby are, amended with the underlined text being added and the strikeout text
being deleted to read as follows:
10-1-1: FINDINGS OF FACT AND PURPOSE
A. Findings of Fact:
3. Flooding s aaeraL'ated bit e collection t,.;., ............_
o •��000
3 omc z�
N. MI a n: a -`
co.o N p, �'
�• z 7'** O Opt
= o
vol x g 30. a) O
.
....10) FT:
Rats':•2r
B.m -
O5o v
- = 3 gym 72-'0 �->00
ci O (D - co .. m 0 �l � In r..
August 6, 2007
Legal Notice
percent (1%) or greater chance of flooding in any given year. Designation on maps
always includes the letters A or V. Areas of Special Flood Hazard shall include all areas
previously identified within the Areas of Special Flood Hazard (ASFH) that have been
excluded from the ASFH by a Letter of Map Revision (LOMR-F)
FINISHED FLOOR: The finished floor is the first habitable walking surface refer-
enced in the elevation certificate (FEMA Form 81-31) Section C2 alb). as the top of
next higher floor or the top of a slab on grade floor.
FLOOD OR FLOODING: Means a general and temporary condition of partial or the
next horizontal habitable walking surface above the Lowest Floor below all mechani-
cal equipment. ducting and wiring located within the building's structural envelope,
The top of a flat concrete architectural component that functions as the next highest
Door that provides the lowest habitual walking surface below all mechanical equip-
ment ducting and 'rine
LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement
or crawl space). An unfinished or flood -resistant enclosure. usable solely for parking
of vehicles. building access or storage. in an area other than a basement area. is not
considered a building's lowest floor provided that such enclosure is_noi built so as to
render the structure in violation of the applicable nonelevation design requirements
of this chapter,
MEAN HIGH WATER MARK: A water level corresponding to the natural or ordinary
high water marksnd is the line which the water imoresses on the soil by covering it for
sufficient periods of time to deprive the soil of its terrestrial vegetation and destrqy
its value for commonly accented agricultural purposes. The current Mean High Water
Mark is ata flow of 6.500 cubic_feet per second Icfsi along the Boise River. Tributary
waters within the City of Eagle will reference specific data establishing the water
level. The Mean high Water Marls -is U.S. Army o,-' ..c Rn..:.„
tG cv —. tv
7• mICc3m°.cba3.ZmDayaj
5•nt W G ";=m9 c3 REI)
w yr
, y 4r r« m '� d
�5. D5o _.0=Ra�>2. $*
a) = m = ao c d �' m
a= co8580 - w5�*g2
g oy,��8sidn� s�P
o; m o 5a)A 0c� aaa= w74-pA =-a
L f N lz N 3 g. O (CD p (an)
0 GD N= tp (D.
N N . N O
0 n•$ �n a'.'o� f § v, Sf—o o 47u30.-
%..)
rrc
'',r 0 1 do $��o �Nc
'v =cr. � ���nvo�
�, id,
*swc>m.ct�`m�z'��v,
1 lJ N =, j j ?. pr O O lV ' 0
v
O a N Q ur co O co fD -^ O w Q' (
`atT0 3 C al�• g0.p 2.gp (D O (T. -.m
411►. aa)a-?-)0°5aRo,•z•?is: a00.v,
L
eluded or removed from the Area of Spe-
cial Flood Hazard is required. All lots and
structures removed from the Area of Spe-
cial Flood Hazard by Letter of Map Change
require certification by a registered pro-
fessional engineer demonstrating that to
lot or structure,is Reasonably Safe From
Flooding. as defined in Section 5 of this
chapter. The elevation certificate must
verify the elevation of the Lowest Floor
or Lowest Adjacent Grade to be one foot
(1') above Base Flood Elevation
10-1-8-4: SUBDIVISIONS:
E. All subdivision plats shall idea, ,dul
designate the one hundred (1001 year
floodplain boundary and the floodway
boundary including a certification by a
registered surveyor that the boundaries
were es a li h d onsistent wi ti rt+e FIRM
Map for the City of Eagle. All subdivi-
sion plats shall contain a note or notes
that warn prospective buyers of prop-
erty that sheet flooding can and will oc-
cur and that floods of greater magnitude
may inundate areas outside identified
floodway and floodplain boundary lines.
cn
O
D
3
O
o s
0
O
co
rn
rn
C:a!7 T
i (7~'
C7